Voluntary separation: not a loophole for disguised retrenchment Filleppuss George Ampweya  Namibia’s workers face a growing trend that Trade unions and employees alike must scrutinise carefully: the rise of the so-called ’Voluntary Separation Scheme”. At face value, these schemes appear fair and harmless as they offer employees a “choice” to leave employment on mutual grounds, often with a separation package that seems better than statutory retrenchment pay-outs. But beneath this façade lies a practice that, if misused, can directly undermine the very principles of fairness, transparency, and collective bargaining process that the Labour Act, 11 of 2007 enshrines for any employer considering job cuts for economic reasons. Section 34 of the Labour Act sets out a clear, mandatory process when an employer contemplates dismissing employees for reasons of redundancy, economic downturn, or operational restructuring. The employer must provide at least four weeks’ written notice to the recognised trade union or elected workplace representatives. More importantly, the employer must disclose all relevant information like the financial position, the reasons for the contemplated dismissals, the number of employees likely to be affected, and alternatives that could avoid or minimise retrenchments. Equally, there must be genuine, good-faith negotiations with workers’ representatives or their Trade Union to reach consensus on how to avert or reduce dismissals and mitigate their consequences. The question, therefore, is simple: does calling a scheme “voluntary” absolve the employer of its obligations under Section 34? The courts have consistently said no. In the Labour Court appeal of Pupkewitz Holdings (Pty) Ltd & Another v Mutanuka & Others, the court ruled that where the effect of an employer’s actions is the loss of employment for operational reasons, the protective provisions of Section 34 apply regardless of the name given to the process. This precedent echoes a broader principle under Namibian law and ILO conventions: substance triumphs over form. Further, is Metal and Allied Namibian Workers Union (MANWU) v NDN Diamonds (Pty) Ltd, where the Labour Court found that so-called “mutual separations” can be scrutinised if employees were misled or pressured to “voluntarily” sign away their employment rights without proper consultation. The principle is simple: volunteerism must be genuine. If an employee is told, “Take this package now or you will be retrenched on worse terms,” the choice is hardly free. Such tactics violate the spirit and the letter of Section 34. This is not just legal technicality; it is about protecting real livelihoods. Many employers might find the statutory retrenchment process cumbersome and costly hence they prefer to circumvent the duty to disclose financial realities and negotiate with the Trade union by offering separation packages directly to employees. The promise of a quick exit or a slightly sweeter deal can easily undermine solidarity, weaken collective bargaining power, and leave workers vulnerable. The growing practice of disguised retrenchments must be challenged to uphold decent work standards and defend the principle that collective bargaining is not optional. The bottom line is clear, Section 34 is not a bureaucratic obstacle; it is a safeguard against unilateral decisions that put families’ livelihoods at risk. In the Namibian workplace, respect for the law must remain stronger than profit-driven shortcuts. The trade union movement, workers, and society at large must continue to insist that no employer, foreign or local, is too big to comply. *Fillepuss George Ampweya is the secretary general of the Mine Workers Union of Namibia (MUN). He can be reached at ampweyageorge@gmail.com. The views expressed herein are  his own!

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UPS to offer voluntary buyout packages to its US drivers (Reuters) -Parcel giant UPS said on Thursday it will offer voluntary buyouts to its full-time U.S. drivers as part of the largest network reconfiguration in its history — a sweeping overhaul that includes cutting 20,000 jobs and closing 73 facilities. The Atlanta-based company had in April announced a network reconfiguration plan following a reduction in deliveries for its key customer, Amazon.com (NASDAQ:AMZN), and amid U.S. President Donald Trump’s tariffs. The buyout package is in addition to any retirement benefits such as pension and healthcare, the company said in a statement. The Teamsters union, which represents about 330,000 workers at UPS, was first to announce the buyout plans, calling them an "illegal violation" of the national contract, under which UPS had committed to create 22,500 more jobs. "Our members cannot be bought off and we will not allow them to be sold out," said Sean O’Brien, general president of the union. "UPS needs to live up to the existing contract. They must honor their commitments." UPS said it intends to adhere to the terms of its contract with the union.

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MUN still challenging Sinomine’s voluntary separation scheme Niël Terblanché The Mine Workers Union of Namibia (MUN) has reiterated its opposition to what it describes as disguised retrenchments at the Sinomine Copper Smelter in Tsumeb, following the company’s announcement of a voluntary separation scheme (VSS) affecting up to 650 workers. Speaking after a six-hour meeting with Sinomine management earlier this week, MUN general secretary George Ampweya said the union remained unconvinced by assurances that the VSS is optional and falls outside the scope of Section 34 of the Labour Act. “The chief executive officer of Sinomine confirmed the VSS has been board-approved and is final. Accordingly, the union insists the matter falls under Section 34 and demands full involvement until its conclusion. Members, through their respective branches, remain firm in their opposition and are urged not to accept the VS in its current form,” he said. Sinomine has defended its decision, saying the VSS is a voluntary process and therefore does not require consultation with the union. The company recently announced a temporary suspension of smelting operations, citing global copper concentrate shortages and the need to reduce operating costs by as much as 40%. The smelter will be placed under care and maintenance, a move that threatens the livelihoods of hundreds of workers. Ampweya raised concern that the separation scheme may violate conditions set by the Namibia Competition Commission (NaCC) during Sinomine’s acquisition of Dundee Precious Metals last year. One such condition reportedly prohibited retrenchments for a specific period following the merger. In a formal objection lodged with the commission, the union called for urgent regulatory intervention, citing deteriorating conditions at the plant. “It is both telling and troubling that, while the Namibian worker sought protection from the regulatory authority, Capital responded with tea and gestures of hospitality. Any failure by the Competition Commission to act with urgency and integrity will speak volumes, and the truth, in that event, will be painfully self-evident,” Ampweya said. The MUN insisted that it must be fully involved in the process, warning that the consequences of inaction may further erode trust in institutional protections for workers.

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